The right to regulate in international investment law / Aikaterini Titi.
2014
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Details
Author
Title
The right to regulate in international investment law / Aikaterini Titi.
Imprint
Baden-Baden [Germany] : Nomos, 2014.
Description
1 online resource (376 p.)
Series
Studien zum internationalen Investitionsrecht ; v. 10.
Formatted Contents Note
Introduction
The right to regulate: general observations
The right to regulate in context
The rationale for inserting a right to regulate
Types of regulatory interests
Positive language on regulatory interests
The right to regulate in IIAs
The nexus requirement, self-judging clauses and the standard of review of exceptions
The right to regulate by subject
The right to regulate beyond IIAs in general international law
Arbitral jurisprudence on the right to regulate (beyond IIAs and general international law) and the question of an implicit right to regulate
Conclusion.
The right to regulate: general observations
The right to regulate in context
The rationale for inserting a right to regulate
Types of regulatory interests
Positive language on regulatory interests
The right to regulate in IIAs
The nexus requirement, self-judging clauses and the standard of review of exceptions
The right to regulate by subject
The right to regulate beyond IIAs in general international law
Arbitral jurisprudence on the right to regulate (beyond IIAs and general international law) and the question of an implicit right to regulate
Conclusion.
Summary
"Since the inception of the international investment law system, investment promotion and protection have been the raison d'être of investment treaties and states have confined their policy space in order to attract foreign investment and protect their investors abroad. Languishing in relative obscurity until recently, the right to regulate has gradually come to the spotlight as a key component of negotiations on new generation investment agreements around the globe. States and regional organisations, including, notably, the European Union and the United States, have started to examine ways in which to safeguard their regulatory power and guide--and delimit--the interpretive power of arbitral tribunals, by reserving their right to pursue specific public policy objectives. The monograph explores the status quo of the right to regulate, in order to offer an appraisal and a reference tool for treatymakers, thus contributing to a better understanding of the concept and the broader discourse on how to enhance the investment law system's legitimacy."--Bloomsbury Publishing.
Note
Originally presented as author's thesis (doctoral)--Universität-Gesamthochschule-Siegen, 2013.
Bibliography, etc. Note
Includes bibliographical references (pages 305-330) and index.
Available Note
Also issued in print.
Location
www
Available in Other Form
Original
Linked Resources
Alternate Title
Bloomsbury Collections
Language
English
Reproduction
Electronic reproduction. London : Bloomsbury Publishing, 2014. Available via World Wide Web. Access limited by licensing agreement.
ISBN
9781472561695
Record Appears in